super demos work for hire agreement

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MUSICIAN / VOCALIST WORK FOR HIRE AGREEMENT This agreement is entered into as of this ______ day of ____________, 2010, by and between _______________________ hereinafter referred to as “Employer”) and ________________________________ (hereinafter referred to as “Musician/Vocalist”). The parties hereby agree as follows: 1. Employer hereby engages Musician/Vocalistʼs services and Musician/Vocalist hereby accepts such engagement to perform, without limitation, at rehearsal sessions and phonograph recording sessions for the purpose of creating the following master and/or demonstration recordings entitled: _______________________________________________________ Musician/Vocalist agrees to diligently, competently and to the best of Musician/Vocalistʼs ability, experience and talent perform to Employerʼs satisfaction all of the services required of Musician/Vocalist hereunder. 2. Conditioned upon Musician/Vocalistʼs full and faithful performance of all the terms and provisions hereof, Employer shall pay Musician/ Vocalist the sum of $_____________ per track as full and complete consideration for Musician/Vocalistʼs services hereunder. Payment shall be made upon full performance by Musician/Vocalist and the signing of this Agreement. No other consideration or payment shall be due to Musician/Vocalist other than the amount specified in this Paragraph. 3. Musician/Vocalist agrees that his/her performances shall be considered as works made for hire for Employer, as contemplated and defined in Section 101 of the United States Copyright Act. Accordingly, Musician/Vocalist hereby grants to Employer, its successors and assigns, absolutely and forever, all rights of every kind and nature in and to the results and proceeds of Musician/Vocalistʼs services and performances for any and all copyright terms and all extension and renewal terms of copyright whether now known or hereafter created throughout the world, and for all uses and purposes whatsoever and free from the payment of any royalty or compensation whatsoever other than as herein provided. Employer shall accordingly have the sole and exclusive right to copyright the sound recording under Employerʼs name as the sole artist and author thereof. 4. Musician/Vocalist hereby warrants, represents, and agrees that Musician/Vocalist is not under any disability, restriction, or prohibition, whether contractual or otherwise with respect to Musician/Vocalistʼs right to execute this contract, to grant the rights granted hereunder, to perform each and every term and provision required to be performed by Musician/Vocalist hereunder. No materials, ideas or other properties furnished by Musician/Vocalist and utilized by Employer will violate or infringe upon any common law or statutory right of any person, firm corporation, including without limitation contractual rights, copyrights and rights of privacy and/or publicity. Musician/Vocalist shall hold Employer harmless and hereby agrees to indemnify Employer for all costs, including court costs and attorney fees incurred by Employer in connection with any breach of the above warranties and representations by Musician/Vocalist. 5. Musician/Vocalist acknowledges and agrees that nothing in this agreement shall obligate Employer to employ or otherwise engage Musician/ Vocalistʼs services in connection with any other recording agreement. 6. Musician/Vocalist acknowledges and agrees that if s/he provides musical equipment or other property of any nature in connection with services required hereunder, Employer shall not be liable for any loss or damage to such equipment or property. 7. This agreement sets forth the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior and contemporaneous negotiation, understandings and discussions. No modification, amendment, waiver, termination or discharge of this agreement or any of its terms or provisions shall be binding upon either party if not confirmed by a written instrument signed by Employer and Musician/Vocalist. 8. The validity, construction and effect of this agreement shall be construed according to the laws of the State of California. A court of competent jurisdiction of Los Angeles County will have exclusive jurisdiction of any controversies regarding this agreement and the parties hereto consent to such jurisdiction. In the event of any legal dispute or action regarding this agreement, the prevailing party shall be entitled to recover all legal fees and court costs. IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above. _____________________________ __________ _____________________________ __________ Employer Date Musician/Vocalist Date _____________________________ _____________________________ PRINT Employer PRINT Musician/Vocalist

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  • MUSICIAN / VOCALIST WORK FOR HIRE AGREEMENT

    This agreement is entered into as of this ______ day of ____________, 2010, by and between _______________________ hereinafter referred to as Employer) and ________________________________ (hereinafter referred to as Musician/Vocalist). The parties hereby agree as follows:

    1. Employer hereby engages Musician/Vocalists services and Musician/Vocalist hereby accepts such engagement to perform, without limitation, at rehearsal sessions and phonograph recording sessions for the purpose of creating the following master and/or demonstration recordings entitled:

    " " _______________________________________________________

    " Musician/Vocalist agrees to diligently, competently and to the best of Musician/Vocalists ability, experience and talent perform to Employers satisfaction all of the services required of Musician/Vocalist hereunder.

    2. Conditioned upon Musician/Vocalists full and faithful performance of all the terms and provisions hereof, Employer shall pay Musician/Vocalist the sum of $_____________ per track as full and complete consideration for Musician/Vocalists services hereunder. Payment shall be made upon full performance by Musician/Vocalist and the signing of this Agreement. No other consideration or payment shall be due to Musician/Vocalist other than the amount specified in this Paragraph.

    3. Musician/Vocalist agrees that his/her performances shall be considered as works made for hire for Employer, as contemplated and defined in Section 101 of the United States Copyright Act. Accordingly, Musician/Vocalist hereby grants to Employer, its successors and assigns, absolutely and forever, all rights of every kind and nature in and to the results and proceeds of Musician/Vocalists services and performances for any and all copyright terms and all extension and renewal terms of copyright whether now known or hereafter created throughout the world, and for all uses and purposes whatsoever and free from the payment of any royalty or compensation whatsoever other than as herein provided. Employer shall accordingly have the sole and exclusive right to copyright the sound recording under Employers name as the sole artist and author thereof.

    4. Musician/Vocalist hereby warrants, represents, and agrees that Musician/Vocalist is not under any disability, restriction, or prohibition, whether contractual or otherwise with respect to Musician/Vocalists right to execute this contract, to grant the rights granted hereunder, to perform each and every term and provision required to be performed by Musician/Vocalist hereunder. No materials, ideas or other properties furnished by Musician/Vocalist and utilized by Employer will violate or infringe upon any common law or statutory right of any person, firm corporation, including without limitation contractual rights, copyrights and rights of privacy and/or publicity. Musician/Vocalist shall hold Employer harmless and hereby agrees to indemnify Employer for all costs, including court costs and attorney fees incurred by Employer in connection with any breach of the above warranties and representations by Musician/Vocalist.

    5. Musician/Vocalist acknowledges and agrees that nothing in this agreement shall obligate Employer to employ or otherwise engage Musician/Vocalists services in connection with any other recording agreement.

    6. Musician/Vocalist acknowledges and agrees that if s/he provides musical equipment or other property of any nature in connection with services required hereunder, Employer shall not be liable for any loss or damage to such equipment or property.

    7. This agreement sets forth the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior and contemporaneous negotiation, understandings and discussions. No modification, amendment, waiver, termination or discharge of this agreement or any of its terms or provisions shall be binding upon either party if not confirmed by a written instrument signed by Employer and Musician/Vocalist.

    8. The validity, construction and effect of this agreement shall be construed according to the laws of the State of California. A court of competent jurisdiction of Los Angeles County will have exclusive jurisdiction of any controversies regarding this agreement and the parties hereto consent to such jurisdiction. In the event of any legal dispute or action regarding this agreement, the prevailing party shall be entitled to recover all legal fees and court costs.

    " IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above.

    _____________________________ " __________ " _____________________________" __________Employer" " " " Date" " Musician/Vocalist" " " Date

    _____________________________ " " " _____________________________PRINT Employer" " " " " PRINT Musician/Vocalist